Battery charges for basically pushing somebody I just met out of my garage that was trying to come in

Asked about 4 years ago - San Diego, CA

I had met a woman and we hung out, drank some beer in my garage for a night. Then met the next day and then the 3rd time we hung out drinking there was some sort of disagreement that I can't even remember and I had her leave. I think I woke up and saw her going through my stuff and told her to leave. I don't remember it too well but then she opened the garage door and tried to come back in and I pushed her out and told her to leave. She came back later with the Police and I was arrested for Batery. They woke me up and I wasn't all there and said that she tried to come in and I pushed her out. I don't think she is making any charges? Who is it that would make a charge, or hold up a charge? Her or the Police? What am I looking at?

Attorney answers (3)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . This sounds like an overblown situation, but there is always the possibility of filing of criminal charges - from what you describe (from your memory although you were drinking), it sounds like misdemeanor conduct at best.

    Given all that you wrote, you may want to consult with a criminal defense attorney to run some interference for you to try and avoid the filing of charges. Mr. Shapiro would be an excellent place to start.

  2. Nicole Quijano Valera

    Pro

    Contributor Level 13

    Answered . Once the police are involved it is up to the prosecutors office to charge you with a crime. Your friend at this point does not have the option of "dropping charges".

    From what you've posted above it sounds like this is a simple misdemeanor battery (Ca Penal Code Section 242) unless there was some type of dating or sexual relationship with this woman, then it would be considered a domestic violence charge which can either be a misdemeanor or a battery, depending on whether there were any injuries. A misdemeanor battery is 6 months max in jail, and a domestic violence charge can either be 1 year in jail, or if a felony, the sentencing range is 16 months as the low tern, 2 years as the mid term, and 3 years as the max in state prison.

    Make sure to keep an eye on your mail - the prosecutors may send you a letter in the mail indicating they have filed a case against you. The best thing to do is take care of it right away and talk to a good lawyer.

  3. David Philip Shapiro

    Pro

    Contributor Level 18

    Answered . You should be consulting with locally experienced attorneys who will be able to assist you on a "pre-file/investigatory" basis. Do not make any further statements to law enforcement and/or this woman without counsel present.

    David P. Shapiro

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